Email and Website Hosting Services
Last Updated: 12/14/2025
These Terms and Conditions (“Terms”) govern the use of email hosting, website hosting, and related services (collectively, the “Services”) provided by McKenzie & Co Ltd Co, located in Lufkin, Texas (“Company,” “we,” “us,” or “our”). By purchasing, accessing, or using the Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.
1. Scope of Services
The Company provides email hosting, website hosting, domain-related services, and associated infrastructure and technical support as described on our website, in marketing materials, or in an applicable service order, proposal, or agreement.
Services may be provided on a shared, virtual, or dedicated basis depending on the plan selected. The Company reserves the right to modify, upgrade, or discontinue any aspect of the Services at any time.
2. Acceptable Use Policy
You agree to use the Services only for lawful purposes and in full compliance with all applicable laws, regulations, and industry standards.
Prohibited Activities
You may not use the Services to:
- Engage in any illegal, unlawful, fraudulent, or deceptive activity
- Host, transmit, store, or distribute content that violates any local, state, federal, or international law
- Send spam, unsolicited bulk email, or engage in phishing, spoofing, or other deceptive email practices
- Distribute malware, viruses, worms, trojans, ransomware, spyware, or other malicious code
- Perform hacking, denial-of-service attacks, port scanning, or unauthorized access attempts
- Infringe upon or misappropriate the intellectual property rights of any third party
- Host content that is defamatory, obscene, abusive, or otherwise objectionable
- Collect, store, or process personal data in violation of applicable privacy or data protection laws
- Use excessive system resources in a manner that negatively impacts other customers or the Company’s infrastructure
The Company reserves the right to determine, in its sole discretion, whether any use constitutes a violation of this Acceptable Use Policy.
3. Customer Responsibilities
You are solely responsible for:
- All content, data, communications, and activities conducted through your account
- Maintaining the confidentiality and security of your account credentials
- Ensuring that any software, scripts, or applications you install are secure and properly maintained
- Performing regular backups of your data unless otherwise expressly stated in writing
The Company shall not be responsible for data loss resulting from Customer actions, omissions, or security failures.
4. Suspension and Termination
The Company may suspend or terminate Services immediately, without prior notice, if:
- You violate these Terms or any applicable law
- Your use of the Services poses a security risk or threatens system stability
- Required payments are not made when due
Termination does not relieve you of any outstanding payment obligations.
5. Fees and Payment
All fees are due in accordance with the selected service plan or agreement. Failure to pay may result in suspension or termination of Services. Fees are non-refundable unless expressly stated otherwise in writing.
6. Data and Backups
Unless explicitly stated in a separate agreement, the Company does not guarantee data backups. You are responsible for maintaining current and complete backups of all content and data hosted on the Services.
7. Intellectual Property
You retain ownership of all content you upload or transmit through the Services. By using the Services, you grant the Company a limited, non-exclusive license to host, transmit, and process your content solely for the purpose of providing the Services.
8. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. The Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not guarantee uninterrupted, error-free, or secure operation of the Services.
9. Limitation of Liability
To the maximum extent permitted by law, McKenzie & Co Ltd Co shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, profits, or business interruption, arising out of or related to the use or inability to use the Services.
In no event shall the Company’s total liability exceed the amount paid by Customer for the Services during the three (3) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless McKenzie & Co Ltd Co, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
12. Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief for intellectual property or misuse-related claims.
Arbitration Rules and Venue
- Arbitration shall be conducted in Texas, unless otherwise agreed by the parties
- Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
- The arbitration shall be conducted by a single arbitrator
- The arbitrator’s decision shall be final and binding
Each party shall bear its own attorneys’ fees and costs unless otherwise awarded by the arbitrator.
Class Action Waiver
You agree that all disputes shall be resolved on an individual basis only, and not as part of a class, collective, or representative action.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Continued use of the Services following the posting of changes constitutes acceptance of the revised Terms.
15. Contact Information
McKenzie & Co Ltd Co
Lufkin, Texas
Email: [email protected]